Paper B1

1. DETAILS OF THE APPLICATION

Applicant

Miss Toni Marie Smith

45 Victoria Road

Newport

Isle of Wight

PO30 2HB

Premises

Club K

Bowling Green Lane

Newport

Isle of Wight

PO30 1RR

Application for a Temporary Event Notice

The application is for the grant of a Temporary Event Notice under Section 100 (1) of the Licensing Act 2003 (Appendix 1)

	Provision of Regulated Entertainment	Hours of Licensable Activities

(a)	Plays	N/A
(b)	Films	N/A
(c)	Indoor Sporting Events	N/A
(d)	Boxing or Wrestling	N/A
(e)	Live Music	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(f)	Recorded music	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(g)	Performances of Dance	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(h)	Anything similar to (e) (f) (g) above	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400

	Provision of Entertainment Facilities

(i)	making music	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(j)	dancing	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(k)	entertainment similar to (i) & (j) above	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400

	Late Night Refreshment	24/12/05 – 2300-0300 25/12/05 - 2300-0200 26/12/05 – 2300-0400

	Supply of Alcohol	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400

	Maximum number of people at any one time to be present at the premises during licensable activities	450

2. LOCATION AND SITE CHARACTERISTICS

Club K is a night club located in Bowling Green Lane to the rear of the old bus station site in Newport town centre. The premises comprise of bar areas on the ground and first floors.

3. RELEVANT REPRESENTATIONS

Responsible Authorities
As an objection has been received from the police the Licensing Authority have issued a Counter Notice (Appendix 2)
Police (Appendix 3) Sgt Graeme Mudge Cowes Police Station Birmingham Road Cowes Isle of Wight PO31 7BH	Recommendation: that Temporary Event Notice is not granted as Police have stated that the premises are a regular source of crime and disorder both within the premises and in the immediate vicinity. A further detailed report is also attached (Appendix 4).

4. LOCAL POLICY CONSIDERATIONS

It is considered that the following policies from the Council’s Licensing Authority’s Statement of Licensing Policy, 2004 to 2007 have a bearing upon the application.

Members’ attention in respect of this particular application is drawn to:

Clause 1	Licensing Objectives	1.1, 1.4, 1.5
Clause 2	Introduction	All
Clause 3	Integration of Strategies and Other Legislation	3.1, 3.4, 3.5, 3.10,
Clause 4	Approach to Licensing Applications	4.1, 4.2, 4.6
Clause 5	Cumulative Effect	N/A
Clause 6	Representation, Reviews and Appeals	N/A
Clause 7	Enforcement	N/A
Clause 8	Operating Schedules	N/A

5. NATIONAL GUIDANCE

Members may find guidance in relation to Temporary Event Notices at Chapter 8 of the National Guidance issued under section 182 of the Licensing Act 2003.

6. IMPLICATIONS UNDER THE HUMAN RIGHTS ACT 1998

Members are advised that this application must be considered against the background of the implications of the Human Rights Act 1998.

There is one convention right, which must be considered in this context:

(a) Article 6 Right to a Fair Trial –

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

The Licensing Authority needs to be clear as to the rights granted and the need to ensure that the reasons given for any interference are proportionate and in accordance with the Council’s legitimate aim.

7. OBSERVATIONS

The Licensing Sub Committee is obliged to determine this application with a view to promoting the licensing objective of:

· The prevention of crime and disorder

In making its decision, the Licensing Sub Committee is also obliged to have regard to national guidance and the Council’s own Licensing Policy.

Of course, the Licensing Sub Committee must also have regard to the evidence it hears.

The Licensing Sub Committee must take such of the following steps as it considers necessary for the promotion of the licensing objective of the prevention of crime and disorder:

i. Grant the application as requested.

ii. Modify the conditions of the notice by altering or omitting or adding to them.

iii. Reject the whole or part of the application.

The Licensing Sub Committee is asked to note that it may not modify the application or reject the whole or part of the application merely because it considers it desirable to do so. It must actually be necessary in order to promote the licensing objective of the prevention of crime and disorder.

As to the objection raised:

The Prevention of Crime & Disorder

The Police have raised concerns in relation to the granting of this Temporary Event Notice and have provided examples of incidents that occurred at and outside the premises between the period of 24 November 2005 and 27 November 2005. These incidents include under age drinking, assault and affray.

It is for the Licensing Sub Committee to determine the above matter.

8. APPENDICES ATTACHED